Christina Spicer  |  November 18, 2019

Category: Legal News

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kia sportageCertain Hyundai and Kia vehicles equipped with Theta II 2.4 Liter 4-cylinder gas engines have defects that may cause catastrophic engine failures and car fires, according to a recent Canadian class action lawsuit.

Quebec resident and lead plaintiff Ludovic Pelletant says he purchased a 2012 Kia Sportage in 2012 that was equipped with a Theta II engine.

According to the plaintiff, the Kia Sportage recently completely shutdown while Pelletant was driving on a highway.

Pelletant says that when he took the vehicle in for repairs, and despite having a relatively low number of miles and getting regular oil changes, he was told the Sportage would need a whole new engine.

According to the Kia Canada class action, the vehicles impacted by this engine defect include 2011 through 2016 Hyundai Sonata vehicles, 2013 through 2016 Hyundai Santa Fe vehicles, 2011 through 2016 Kia Optima vehicles, 2012 through 2016 Kia Sportage vehicles, and the 2014 through 2016 Kia Sorrento vehicles.

The Theta II engine installed in the affected vehicles, according to the Kia, Hyundai Canada class action lawsuit, put new stresses on the lubrication systems. Specifically, says the complaint, “[t]he Theta II engines included a piston cooling jet attached to the main oil gallery on the Cylinder block that cools the piston by spraying a mist of engine oil onto each overhead piston. This feature also results in increased oil temperatures and contributes to more engine oil being atomized into the crankcase gases.”

The car makers did not account for the stresses of the new system, including clogging in the lubrication systems, claims the plaintiff, instead they touted the increased efficiency and lower emissions of the Theta II.

However, on Sept. 20, 2015, Kia and Hyundai issued a recall for 470,000 late model Sonata vehicles equipped with the Theta II. The recall was issued, according to the car makers, because of problems with engine noise and the check engine light turning on.

Further, notes the Hyundai Canada class action lawsuit, another recall affecting 1.4 million vehicles with the Theta II engine was issued by the car makers in April 2017. This recall was issued over failing and stalling caused by the engines.

On March 6, 2019, according to the plaintiff, the Canadian Broadcasting Company issued a report over concerns that the same Theta II engines subject to the recalls were continuing to suffer from stalling and other problems, including potential fires.

This is not the first class action lawsuit filed over the Theta II engines. A Hyundai, Kia class action lawsuit was filed in the United States earlier this year alleging that defects cause catastrophic failures in the engine.

The Kia, Hyundai Canada class action lawsuit claims that the Theta II engine is prone to clogging in the lubrication systems, causing “oil starvation.” “This results in insufficient lubrication throughout the Class Vehicle’s engine, which cause premature wear of the engine components and catastrophic engine failure,” states the complaint.

Kia and Hyundai allegedly knew of the Theta II engine defects, but failed to warn consumers. In fact, alleges the Kia, Hyundai Canada class action lawsuit, the car makers “intentionally” concealed the problem.

The Kia Canada class action lawsuit seeks to represent a Class of consumers from the province of Quebec who bought or leased one the of affected vehicles.

Has your Kia or Hyundai stalled or experienced engine failure? Tell us more in the comments!

The plaintiff is represented by Merchant Group LLP.

The Kia, Hyundai Canada Class Action Lawsuit is Pelletant v. Hyundai Auto Canada Corp., et al., Case No. 500-06-001013-198, in the Superior Court of Canada, Province of Quebec, District of Montreal.

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74 thoughts onKia, Hyundai Canada Class Action Alleges Engine Failure

  1. Mary Thompson says:

    I have posted previously about my 2018 Hyundai Tucson that is sitting in my driveway d/t engine failure after only putting 60,000 Km on it dealer telling me lack of maintenance but had all the signs of problems with the rod bearing, oil light flashing, stalling knocking sound from engine. So now I have been paying 700/month for a heavy paperweight in my driveway. Hyundai still saying they cannot fix it yet!! Please sign me up if I’m not already I have gotten one recall on the brakes but they say they won’t fix my engine! I hope someone has to take responsibility for all these problems and expenses absorbed by the consumer.

    Mary

  2. Jean Dolan says:

    My 2015 Kia engine failed with no notice or issues noted in mid drive on highway
    Sonata 2016 having engine issues now just cuts off as driven

  3. Cathy Carroll says:

    My 2015 Santa Fe just stalled on highway and I now find out the engine is done. Had my oil changed regularly and the last one less than a month ago. I will see what dealership says but not hopeful.

  4. Gail Marrier says:

    On Saturday (April 3/21), our 2017 Sportage without warning died as we were merging onto the 401 outside of Toronto. There were no indications or warnings that something was wrong with the car, it just lost power, steering and braking. Luckily we were able to coast off of the highway onto the shoulder to call for a tow. Today, (Apr 5/21), we were informed by the garage that our engine is seized… we thought for sure it was an alternator issue. Reading through the comments here, we now think back that during the past few oil changes it was mentioned that the oil was low. It would appear that the 2017 Sportage is not included in the current class action suit. Waiting to hear about what is happening next… not holding my breath though.

  5. Talia Webster says:

    My 2011 Hyundai Sonata Engine Died out of no where while I was with my two young kids. Thankfully I was able to get to a safe place. No symptoms or anything just weird noises and JERKING then dead

  6. Brian says:

    My 2012 Sportage with 2.4 MPI had the engine fail on Sept 1, 2020 while driving at 80kph on a major highway in Calgary. Managed to get it off the highway without causing a crash. Car had just under 100,000km. Towed to the dealer and they diagnosed the engine seized. Quoted $12,000 for a new engine, they couldn’t find a used engine (I assume they are all seized.) I contacted Kia at that time to ask for compensation due to the known Theta engine failure and was told my MPI model did not qualify for the recall and so they wouldn’t pay for the engine replacement.
    The repair would cost more than the value of the Sportage so I donated it to charity at great loss in value.
    I received a recall letter from Kia in February 2021, informing me that my Kia was now recalled for exactly this engine failure/fire issue. I spoke to them immediately asking for compensation and was told that they would review my claim. I had to call them back a second time in March 2021 to get an answer and they said since I did not get the vehicle repaired I wasn’t eligible for compensation! They said the engine failure mode wasn’t documented. The dealer documented that the engine was seized but obviously didn’t dismantle the engine to determine the exact connecting rod failure. Even if they replaced the engine at that time they wouldn’t be dismantling the old engine to document this!
    I was a big Kia fan before this occurred, encouraging family and friends to buy a Kia, as we had zero issues with the vehicle before the engine failed. This response from Kia Canada is unacceptable and they need to be forced to compensate those of us that lost the value of the vehicle due to Kia’s engineering issue.

    Merchant group needs to expand this class action to include ALL the 2.4 Theta engines, including the MPI version.

    1. Chris says:

      The exact same thing happened to my 2011 Sportage. Told me my engine is not included in the recall. Recall needs to be expanded to include the MPI engines from those years. There are posts all over the Internet from owners in the same boat.

  7. Gilles says:

    My 2016 Kia rondo did the exact same. Vehicle stalled on the highway no warning lights came on until I was completely pulled over and the engine died completely. The vehicle was purchased new and I was forced into purchasing an extended warranty due to my financing at the time. Was told everything is covered for term of loan. Now they want to only cover $6000 of a $12-15000 bill. Still fighting with dealership and Kia management. They were quick to make me a deal on a new car but still have to pay off the old. They also flip flop on the price. Never buying a Kia again

  8. Alan Madrigga says:

    2013 Kia Sportage 2. 4L AWD in BC Interior – engine blew at 60K kms, replaced under warranty as it had been regularly maintained. The engine blew again at 140K kms (blew a hole right through the block). Same scenario as the first failure, regular maintenance, even using synthetic oil every oil change in light of the first engine failure. Traveling on the highway, loud knocking or clanking sound, engine shudder so bad I nearly lost control before reaching a safe shoulder to pull onto. Kia response – no recall, no warranty remaining (replaced engine didn’t get a renewed 100K kms warranty), basically, tough luck. Offered to sell and install a new engine for $15K-what a joke! Every Kia dealer parts dept I’ve contacted since basically sighs, apologizes and says they know and that they can’t even get an engine block for 5 -6 months. Vehicle is now worthless to me; have had to scrap it; and why bother spending thousands replacing an engine that will likely fail within a few years again.
    Any suggestions on actions to pursue compensation/offset the loss would be appreciated.

    1. Alan Madrigga says:

      Further to above – my Sportage had the MPI engine vs the DPI or GDI engine, so wasn’t included in any recalls or class actions I have found to date.

  9. Richard Csanadi says:

    My 2012 Kia Sorento experienced catastrophic engine failure and went through a stop Sign with the Stop sign going through the front windshield at 100,006km’s
    This case was brought to the US Department of Transport and the Canadian Department of Transport.

  10. Daniel Berruti says:

    My KIA Sportage 2.4L (72000km) the baring issue (confirmed by 2 KIA dealers) , however, my car is not included in the class action. Not sure why.

    Currently parked and waiting to see what to do.

    Regards,

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